茲因大清大皇帝,大英君主,欲以近來不和之端解釋,息止肇釁,為此議定設立永久和約。是以大清大皇帝特派欽差便宜行事大臣太子少保鎮守廣東廣州將軍宗室耆英,頭品頂戴花翎前閣督部堂乍浦副都統紅帶子伊里布;大英伊耳蘭等國君主特派欽奉全權公使大臣英國所屬印度等處三等將軍世襲男爵璞鼎查;公同各將所奉之上諭便宜行事及敕賜全權之命互相較閱,俱屬善當,即便議擬各條,陳列於左:
1)一、嗣後大清大皇帝、大英君主永存平和,所屬華/英人民彼此友睦,各住他國者必受該國保佑身家全安。
2)一、自今以後大皇帝恩准大英國人民帶同所屬家眷,寄居大清沿海之廣州、福州、廈門、寧波、上海等五處港口,貿易通商無礙;且大英君主派設領事、管事等官住該五處城邑,專理商賈事宜,與各該地方官公文往來;令英人按照下條開敘之例,清楚交納貨稅、鈔餉等費。
3)一、因大英商船遠路涉洋,往往有損壞須修補者,自應給予沿海一處,以便修船及存守所用物料。今大皇帝准將香港一島給予大英君主暨嗣後世襲主位者常遠據守主掌,任便立法治理。
4)一、因大清欽差大憲等於道光十九年二月間經將大英國領事官及民人等強留粵省,赫以死罪,索出鴉片以為贖命,今大皇帝准以洋銀六百萬圓償補原價。
5)一、凡大英商民在粵貿易,向例全歸額設行商,亦稱公行者承辦,今大皇帝准以嗣後不必仍照向例,乃凡有英商等赴各該口貿易者,勿論與何商交易,均聽其便;且向例額設行商等內有累欠英商甚多無措清還者,今酌定洋銀三百萬圓,作為商欠之數,准明由中國官為償還。
6)一、因大清欽命大臣等向大英官民人等不公強辦,致須撥發軍士討求伸理,今酌定水陸軍費洋銀一千二百萬圓,大皇帝准為償補,惟自道光二十一年六月十五日以後,英國因贖各城收過銀兩之數,大英全權公使大臣為君主准可按數扣除。
7)一、以上三條酌定銀數共貳千壹百萬圓應如何分期交清開列於左:
此時交銀六百萬圓;
癸卯年六月間交銀三百萬圓,十二月間交銀三百萬圓,共銀六百萬圓;
甲辰年六月間交銀二百五十萬圓,十二月間交銀二百五十萬圓,共銀五百萬圓;
乙巳年六月間交銀二百萬圓,十二月間交銀二百萬圓,共銀四百萬圓;
自壬寅年起至乙巳年止,四年共交銀二千一百萬圓。倘有按期未能交足之數,則酌定每年每百圓加息五圓。
8)一、凡系大英國人,無論本國、屬國軍民等,今在中國所管轄各地方被禁者,大清大皇帝准即釋放。
9)一、凡系中國人,前在英人所據之邑居住者,與英人有來往者,或有跟隨及俟候英國官人者,均由大皇帝俯降御㫖,謄錄天下,恩准免罪;凡系中國人,為英國事被拿監禁受難者,亦加恩釋放。
10)一、前第二條內言明開關俾英國商民居住通商之廣州等五處,應納進口、出口貨稅、餉費,均宜秉公議定則例,由部頒發曉示,以便英商按例交納;今又議定,英國貨物自在某港按例納稅後,即准由中國商人遍運天下,而路所經過稅關不得加重稅例,只可按估價則例若干,每兩加稅不過分。
11)一、議定英國住中國之總管大員,與大清大臣無論京內、京外者,有文書來往,用照㑹字様;英國屬員,用申陳字様;大臣批復用札行字様;兩國屬員往來,必當平行照會。若兩國商賈上達官憲,不在議內,仍用稟明字様為著。
12)一、俟奉大清大皇帝允准和約各條施行,並以此時准交之六百萬圓交清,大英水陸軍士當即退出江寧、京口等處江面,並不再行攔阻中國各省商賈貿易。至鎮海之招寶山,亦將退讓。惟有定海縣之舟山海島、廈門廳之古浪嶼小島,仍歸英兵暫為駐守;迨及所議洋銀全數交清,而前議各海口均已開闗俾英人通商後,即將駐守二處軍士退出,不復佔據。
13)一、以上各條均闗議和要約,應俟大臣等分別奏明大清大皇帝、大英君主各用朱筆親筆批准後,即速行相交,俾兩國分執一冊,以昭信守;惟兩國相離遙遠,不得一旦而到,是以另繕二冊,先由大清欽差便宜行事大臣等、大英欽奉全權公使大臣各為君上定事,蓋用闗防印信,各執一冊為據,俾即日按照和約開載之條,施行妥辦無礙矣。要至和約者。
道光二十二年七月二十四日即英國記年之一千八百四十二年八月二十九日由江寧省會行大英君主汗華囇船上鈐闗防
Victoria, by the Grace of God, Queen of the United Kingdom of Great Britain and Ireland, Defender of the Faith, &c., &c., &c. To All and Singular to whom these Presents shall come, Greeting! Whereas a Treaty between Us and Our Good Brother The Emperor of China, was concluded and signed, in the English and Chinese Languages, on board Our Ship the "Cornwallis," at Nanking, on the Twenty Ninth day of August, in the Year of Our Lord One Thousand Eight Hundred and Forty Two, by the Plenipotentiaries of Us and of Our said Good Brother, duly and respectively authorized for that purpose; which Treaty is hereunto annexed in Original:
Treaty.
Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, being desirous of putting an end to the misunderstandings and consequent hostilities which have arisen between the two Countries, have resolved to conclude a Treaty for that purpose, and have therefore named as their Plenipotentiaries. That is to say:
Her Majesty the Queen of Great Britain and Ireland, Sir Henry Pottinger, Bart., a Major General in the Service of the East India Company, &c., &c. And His Imperial Majesty the Emperor of China, the High Commissioners Keying, a Member of the Imperial House, a Guardian of the Crown Prince and General of the Garrison of Canton; and Elepoo, of Imperial Kindred: Graciously permitted to wear the insignia of the first rank, and the distinction of Peacock's feather, lately Minister and Governor General &c., and now Lieutenant General Commanding at Chapoo: Who, after having communicated to each other their respective Full Powers, and found them to be in good and due form, have agreed upon and concluded the following Articles.
Article 1.
There shall henceforward be Peace and Friendship between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of China, and between their respective Subjects, who shall enjoy full security and protection for their persons and property within the dominions of the other.
Article 2.
His Majesty the Emperor of China agrees, that British Subjects, with their families and establishments, shall be allowed to reside, for the purpose of carrying on their mercantile pursuits, without molestation or restraint, at the cities and towns of Canton, Amoy, Foochowfoo, Ningpo, and Shanghai; and Her Majesty the Queen of Great Britain, &c., will appoint Superintendents, or Consular Officers, to reside at each of the above named Cities, or Towns, to be the medium of communication between the Chinese Authorities, and the said merchants, and to see that the just Duties and other Dues of the Chinese Government, as hereafter provided for, are duly discharged by Her Britannic Majesty’s subjects.
Article 3.
It being obviously necessary and desirable, that British Subjects should have some Port whereat they may careen and refit their Ships, when required, and Keep Stores for that purpose, His Majesty the Emperor of China cedes to Her Majesty the Queen of Great Britain, &c., the Island of Hong-Kong, to be possessed in perpetuity by Her Britannic Majesty, Her Heirs and Successors, and to be governed by such Laws and Regulations as Her Majesty the Queen of Great Britain, &c., shall see fit to direct.
Article 4.
The Emperor of China agrees to pay the sum of Six Millions of Dollars as the value of the opium which was delivered up at Canton in the month of March, 1839, as a Ransom for the lives of Her Britannic Majesty’s Superintendent, and Subjects, who had been imprisoned and threatened with death by the Chinese High Officers.
Article 5.
The Government of China, having compelled the British Merchants trading at Canton to deal exclusively with certain Chinese Merchants, called Hong Merchants (or Cohong), who had been licensed by the Chinese Government for that purpose, the Emperor of China agrees to abolish that practice in future at all Ports where British Merchants may reside, and to permit them to carry on their mercantile transactions with whatever persons they please; and His Imperial Majesty further agrees to pay to the British Government the sum of Three Millions of Dollars, on account of Debts due to British Subjects by some of the said Hong Merchants or Cohong, who have become insolvent, and who owe very large sums of money to Subjects of Her Britannic Majesty.
Article 6.
The Government of Her Britannic Majesty having been obliged to send out an Expedition to demand and obtain redress for the violent and unjust Proceedings of the Chinese High Authorities towards Her Britannic Majesty’s Officer and Subjects, the Emperor of China agrees to pay the sum of Twelve Millions of Dollars, on account of the Expenses incurred; and Her Britannic Majesty’s Plenipotentiary voluntarily agrees, on behalf of Her Majesty, to deduct from the said amount of Twelve Millions of Dollars, any sums which may have been received by Her Majesty’s Combined Forces, as ransom for Cities and Towns in China, subsequent to the 1st day of August, 1841.
Article 7.
It is agreed that the Total amount of Twenty One Millions of Dollars, described in the three preceding Articles, shall be paid as follows:
Six Millions immediately.
Six Millions in 1843. That is:
Three Millions on or before the 30thof the month of June, and Three Millions on or before the 31st ofDecember.
Five Millions in 1844. That is:
Two Millions and a half, on or before the 30th of June, and two Millions and a half on or before the 31st of December.
Four Millions in 1845. That is: FourTwo Millions on or before the 30thof June, and two Millions on or before the 31st of December.
and it is further stipulated, that Interest, at the rate of 5 per cent per annum, shall be paid by the Government of China on any portions of the above sums that are not punctually discharged at the periods fixed.
Article 8.
The Emperor of China agrees to release unconditionally all Subjects of Her Britannic Majesty (whether Natives of Europe or India) who may be in confinement at this moment, in any part of the Chinese Empire.
Article 9.
The Emperor of China agrees to publish and promulgate, under His Imperial Sign, Manual, and Seal, a full and entire amnesty, and act of indemnity, to all Subjects of China, on account of their having resided under, or having had dealings and intercourse with, or having entered the service of, Her Britannic Majesty, or of Her Majesty’s Officers; and His Imperial Majesty further engages to release all Chinese Subjects who may be at this moment in confinement for similar reasons.
Article 10.
His Majesty the Emperor of China agrees to establish at all the Ports which are, by the 2nd Article of this Treaty, to be thrown open for the resort of British Merchants, a fair and regular Tariff of Export and Import Customs and other Dues, which Tariff shall be publicly notified and promulgated for general information; and the Emperor further engages, that when British Merchandise shall have once paid at any of the said Ports, the regulated Customs and Dues, agreeable to the Tariff to be hereafter fixed, such Merchandise may be conveyed by Chinese Merchants, to any province or City in the interior of the Empire of China, on paying a further amount as Transit Duties, which shall not exceed 00 per Cent on the Tariff value of such Goods.
Article 11.
It is agreed that Her Britannic Majesty’s Chief High Officer in China shall correspond with the Chinese High Officers, both at the Capital and in the Provinces, under the term “Communication” 照㑹. The Subordinate British Officers and Chinese High Officers in the Provinces under the terms “Statement” 申陳 on the part of the former, and on the part of the latter, “Declaration” 劄行, and the Subordinates of both Countries on a footing of perfect equality. Merchants and others not holding Official situations, and therefore not included in the above, on both sides, to use the term “Representation” 禀明 in all Papers addressed to, or intended for the notice of the respective Governments.
Article 12.
On the assent of the Emperor of China to this Treaty being received, and the discharge of the first instalment of money, Her Britannic Majesty’s forces will retire from Nanking and the Grand Canal, and will no longer molest or stop the Trade of China. The military post at Chinhae will also be withdrawn, but the Islands of Koolangsoo, and that of Chusan, will continue to be held by Her Majesty’s Forces until the money payments, and the arrangements for opening the Ports to British Merchants, be completed.
Article 13.
The Ratification of this Treaty by Her Majesty the Queen of Great Britain, &c., and His Majesty the Emperor of China, shall be exchanged as soon as the great distance which separates England from China will admit; but in the meantime, counterpart copies of it, signed and sealed by the Plenipotentiaries on behalf of their respective Sovereigns, shall be mutually delivered, and all its provisions and arrangements shall take effect.
Done at Nanking, and Signed and Sealed by the Plenipotentiaries on board Her Britannic Majesty’s Ship Cornwallis, this 29th day of August, 1842, corresponding with the Chinese date, 24th day of the 7th month in the 22nd Year of Taou-Kwang.
HENRY POTTINGER.
Her M's Plenipotentiary